Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:01-cv-00459-GWM

Document 39

Filed 09/09/2004

Page 1 of 4

IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) INTERNATIONAL DATA PRODUCTS ) CORP., ) ) Plaintiff, ) ) v. ) No. 01-459C ) (Judge George W. Miller) THE UNITED STATES, ) ) Defendant. ) ____________________________________) DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME Defendant respectfully requests an enlargement of time of 15 days, to and including September 30, 2004, within which to serve and file its reply in support of its motion for summary judgment and its brief in opposition to plaintiff's cross-motion for summary judgment. The Court's March 23, 2004 Order provides that defendant's brief in opposition and reply is currently due on September 15, 2004. This is defendant's first request for an enlargement of time. Plaintiff's counsel has stated that plaintiff does not oppose this motion. The requested enlargement is necessary because defendant's counsel requires additional time to prepare the brief and complete consultations with supervisory lawyers at the Department of Justice and with appropriate contracting officials and counsel for the Department of the Air Force and the Defense Contract Management Agency. The undersigned trial attorney is responsibile for, among other matters, preparing for three expert depositions and the Appendix A, Paragraph 13 pre-trial meeting of counsel, all scheduled for the week of September 13-17, 2004 in Weeks Marine, Inc. v. United States, No. 02-205C

Case 1:01-cv-00459-GWM

Document 39

Filed 09/09/2004

Page 2 of 4

(Judge Allegra); preparing a brief in opposition to plaintiff's cross-motion for summary judgment in Amtec Corporation v. United States, No. 02-1396 (Judge Williams); and preparing the answer in Acceptance Insurance Cos., Inc. v. United States, No. 03-2794C (Judge Hodges), due September 10, 2004. For the foregoing reasons, we respectfully request that the Court grant our unopposed motion for an enlargement of time of 15 days, to and including September 30, 2004, to serve and file our reply in support of our motion for summary judgment and our brief in opposition to plaintiff's cross-motion for summary judgment.

Respectfully submitted, PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director

2

Case 1:01-cv-00459-GWM

Document 39

Filed 09/09/2004

Page 3 of 4

OF COUNSEL: E. MICHAEL CHIAPARAS Deputy Director Contract Disputes Resolution Center Defense Contract Management Agency 10500 Battleview Parkway, Suite 105 Manassas, VA 20109 MAJ. JACQUELINE POSNER Attorney Commercial Litigation Division Air Force Legal Services Agency 1501 Wilson Boulevard Arlington, VA 22209

/s Deborah A. Bynum DEBORAH A. BYNUM Assistant Director

/s John H. Williamson JOHN H. WILLIAMSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Tele: (202) 307-0277 Fax: (202) 307-0972 E-mail: [email protected] Attorneys for Defendant

September 9, 2004

Case 1:01-cv-00459-GWM

Document 39

Filed 09/09/2004

Page 4 of 4

CERTIFICATE OF SERVICE I certify under penalty of perjury that on this 9th day of September, 2004, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s John H. Williamson

2